Loading...
HomeMy WebLinkAboutordinance.council.017-92 ORDINANCE NO. ~ (Series of 1992) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO ADOPTING AFFORDABLE RESIDENT HOUSING GUIDELINES AS RECOMMENDED BY THE ASPEN/PITKIN COUNTY HOUSING AUTHORITY WHEREAS, pursuant to prior resolutions and ordinances of the City, the City Council has established Employee Housing Income- Eligibility Guidelines and Housing Price Guidelines for prior years; and WHEREAS, the 1992 Affordable Resident Housing Guidelines .' ~.. ,1!lR", _('< ( "Guidelines") recommended by the Board of Directors of the Housing Authority of the City of Aspen and Pitkin County, a copy of which ta ~" I is annexed hereto and incorporated herein, has been submitted to City Council which Guidelines set forth the 1992 Housing Authority qualification guidelines for low, moderate, and middle income ownership, rental housing projects, lodge and commercial development, and development of affordable residential housing units; and WHEREAS, the City Council desires to adopt said Guidelines, and by virtue of the enactment of this ordinance to supersede and amend all prior resolutions and ordinances of the City pertaining to housing guidelines, but only to the extent inconsistent with the provisions of this ordinance. .-.4j ~...,'..-"'. IS ^ I) 11'..' '. F. \\Z,,- 6'..". i~ \\ -~,. . NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1 That the City Council of the City of Aspen hereby adopts the 1992 Affordable Resident Housing Guidelines, as set forth by the Board of Directors of the Housing Authority of the City of Aspen and Pitkin County, a copy of which is annexed hereto and incorporated herein. Section 2 That the regulations and guidelines set forth and adopted herein shall supersede, to the extent inconsistent with the provisions of this ordinance, all prior resolutions and ordinances of the City of Aspen on the same subject; provided, further, that the provisions of resolutions and ordinances pertaining to employee housing guidelines shall remain in full force and effect to the extent not inconsistent with the regulations and guidelines adopted herein. Section 3 If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Section 4 This ordinance shall not have any affect on existing litigation and shall not operate as an abatement of any action or 2 ,~._" :'%. '< ~.'.'.". % '<, 11_."." N' If ~ ~ proceeding now pending by virtue of the ordinances repealed or amended as herein provided, and the same shall be construed and concluded under such prior ordinances. Section 5 A public hearing on the ordinance shall be held on the /3 day of O-fYJ-- , 1992, in the City Council Chambers, Aspen City Hall, Aspen, Colorado. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law by the City /J)tVLeA- Council of the of ;('3 day of City on the Aspen , 1992. ()f;; -71~ John Benne~~ayor ' AT'1:'EST:-- K~h!cbrk ~ALLY and approved this /~ day of adopted, passed , 1992. (tL 15~ John gennett, Mayor ATTEST: j,/-. '-" Ji-k /L-~~ . Kathryn '. Koch, City Clerk DoCS\APCBA.ord 3 .' t.. 'Z"-,, "...tc. f; Vi' I\:~, ~.;.. ,'" -'L "<" ASPEN/PITKIN COUNTY HOUSING AUTHORITY 1992 AFFORDABLE HOUSING GUIDELINES Effective Date April 15, 1992 ""'."" D/ IZ.,,, :,,/It. 'I,.' , L \~ lilt.' W {\~- TABLE OF CONTENTS Paqe TABLE OF CONTENTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , , . . . . . . . . . . . . . PURPOSE .........."................................................... PART I. AFFORDABLE HOUSING CATEGORIES ................,...."...,....... 2 SECTION 1. Income Categories . . . . . . . . . . . . . . . . , . . . . . . . . . . . . . , . . . . . . . . . . . . . 2 SECTION 2. Resident Occupied Units and Qualifications .,....................... 3 PART II. RENTING, PURCHASING OR SEWNG AFFORDABLE HOUSING ....,.......... 4 SECTION 1. Qualifications to Rent or Purchase Affordable Housing ................. 4 SECTION 2. How to Qualify for Affordable Housing (Rental or Purchase) ............. 5 SECTION 3. Priorities for Persons Desiring to Rent an Affordable Housing Unit. . . . . . . . . 6 SECTION 4. Procedures for Sale and Purchase of an Affordable Housing Unit . . . . . . . . . 7 SECTION 5. Priorities for Persons Bidding to Purchase an Affordable Housing Unit ..... 9 SECTION 6. Leave of Absence for Owners of Affordable Housing Units .............. 11 PART III. INFORMATION FOR DEVELOPMENT OF AFFORDABLE HOUSING. . . . . . . . . . . . . . 12 SECTION 1. Net Minimum Livable Square Footage for Newly Deed Restricted Affordable Housing Units ....................................... 12 SECTION 2. Maximum Sales Prices for Newly Deed Restricted Affordable Housing Units and for Affordable Lots. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 SECTION 3. Maximum Monthly Rental Rates for Newly Deed Restricted Affordable Housing Units ....................................... 14 SECTION 4. Requirements for Dormitory/Lodge (Seasonal Units) ................... 15 SECTION 5. Affordable Housing Dedication Fee (Payment-in-Lieu Fee) . . . . . . . . . . . . . . . 16 SECTION 6. Conveyance of Vacant Lots ..................................... 16 ".'", 11 \'.' '\;, @.,," t, ~"< - ~.' \\,,~ PURPOSE "TO ASSURE THE EXISTENCE OF A SUPPLY OF DESIRABLE AND AFFORDABLE HOUSING FOR PERSONS EMPLOYED IN PITKIN COUNTY, SENIOR CITIZENS, THE DISABLED, AND OTHER QUALIFIED PERSONS OF PITKIN COUNTY WHICH ARE NECESSARY FOR A BALANCED COMMUNITY.' _ Aspen/Pitkin County Housing Authority's Goal - (Originally Adopted 1983) Each year the Aspen/Pitkin County Housing Authority ("APCHA") establishes guidelines which govern the development of, admission to and occupancy of deed restricted affordable housing units for Aspen and Pitkin County. The guidelines support the APCHA's Goal and are not intended to supersede the appro- priate City or County Land Use Codes or the Uniform Building Code. The 1992 Affordable Housing Guidelines respond to housing needs in Aspen and Pitkin County as identified by the APCHA. The guidelines are used to review land use applications, establish affordable rental rates and sales prices, establish criteria for admission and occupancy, and to develop and prioritize current and long range housing programs. These Affordable Housing Guidelines shall remain in effect until such time as new or amended Guidelines are approved by the City and County. ~."'" ' ~0 .."" -,',',..," ~- ,.It' (, "<, SECTION 2. RESIDENT OCCUPIED UNITS AND QUAUFICATlONS In addition to the income categories for affordable housing units set forth in Section 1 above, affordable housing units may also be designated 'Resident Occupied Units.' This category, as applicable per the respective City or County Land Use Codes, was created to offer the private sector an incentive to produce affordable housing for the community. Resident Occupied Units shall be occupied by persons 'and families who qualify under Part II, Section 1 herein and shall not be subject to any household income limits but shall be subject to the $250,000 Maximum Net Assets limits set forth in Part II, Section 1. Resident Occupied Units shall not be subject to the eligibility priorities for rental or ownership units set forth in Part II, Section 3 and 5 herein. A developer of a Resident Occupied Unit, either for sale or rental, shall have the right to select the purchaser or tenant of the unit so long as that person(s) complies with the qualifications of Part II, Section 1, Sales or rentals of Resident Occupied Units shall be the responsibility of the owner of the unit. The APCHA shall only qualify purchasers or tenants for compliance with Part II, Section 1. The APCHA shall charge a qualification fee of $250 to be paid by the purchaser or renter at the time of qualification. The Guidelines herein for Resident Occupied Units shall only apply to Resident Occupied Units created and approved by a City or County rezoning to the Affordable Housing (AH) zone district. 3 Ii.'.. ., Vi "', 4e.. ~.'" , ".~ ".,..A.... 1', (\ ~\'-' SECTION 2. HOW TO QUAUFY FOR AFFORDABLE HOUSING (Rental or Purchase) A. INmAL QUAUFICATlON. In order to determine that a person or household desiring to rent or purchase an affordable housing unit meets all of the criteria set forth in Section 1 above, the APCHA shall request any combination, or all, of the fOllowing documentation as proof of residency, income, assets and employment: 1. Federal income tax returns for the last one (1) year (prospective renters) or two (2) years (prospective purchasers). Prospective purchasers must also furnish a current income statement and a current financial statement, in a form acceptable to the APCHA, verified by applicant to be true and correct; or other documentation acceptable to the APCHA. No greater than a 20 percent difference between income reported on lax returns and current income statements will be accepted without acceptable documentation of the difference. 2. Verification of employment in Pitkin County (I.e., wage stubs, employer name, address, and Pl10ne number, plus evidence of legal residency (or I.N.S. form 1-9, Employment Eligibility Verification) or other appropriate documentation as requested by the APCHA). 3. Landlord verification (proof of residency, physical address). 4. Copy of valid Colorado Driver's License. 5. Verification of telephone service (date of installation, person listed to). 6. Vehicle registration. 7. Voter registration. 8. Any other documentation which the APCHA deems necessary to make a determination. B. > REQUALlFICATlONS 1. In addition to the initial qualification requirements set forth above, renters of affordable housing units shall be reviewed and verified bi-annually to ensure that they meet Minimum Occupancy, as well as, Income 'and Asset requirements under the Guidelines as they are adopted from time to time. Landlord shall provide disclosure in their lease that tenants must be qualified every two years and that tenants must reapply for qualification in the second year. 2. The APCHA shall endeavor to cause the landlord to give each tenant written notice, ninety (90) days prior to expiration of the two-year period, of the requirement for requalification with the APCHA for continued occupancy of the affordable housing unit. The notice should be accompanied by the APCHA's Rental Approval Form (with instructions for requalification).lf the tenant does not receive the landlord's notice or the Rental Approval Form, the tenant should contact the APCHA office at 39551 Highway 82, Aspen, CO 81611 (telephone: 920-5050) and request a copy of the Form and instructions for requalification. The APCHA may impose a fee for requalification. 5 ~.'... It ,,\,< .. ~. lIe.'..'...' if +.. --- SECTION 4. PROCEDURES FOR SALE AND PURCHASE OF AN AFFORDABLE HOUSING UNIT A. USTlNG UNIT WITH THE APCHA: STAFF DUTIES 1. An owner of an affordable housing unit desiring to sell should review the Deed Restriction covering the unit to determine the maximum sales price permitted and other applicable provisions concerning a sale. Unless otherwise provided in the Deed Restriction, the unit must be listed for sale with the APCHA and the APCHA staff will administer the sale in accordance with the Guidelines in effect at the time of listing. There shall be a minimum listing period of three months before a unit's price can be readjusted. Any break in the listing will require payment of a new listing fee. 2. These Guidelines are intended to assure that ALL purchasers and ALL sellers will be treated fairly and Impartially. Questions will be answered and help provided to any potential purchasers or seilers EQUALLY in accordance with the current Guidelines. Listings, sales contracts, extensions to contracts and closing documents will be prepared and all actions necessary to consummate the sale shall be undertaken. 3. In pursuit of the above, the APCHA staff will be acting on behalf of the APCHA. It should be clearly understood by and between all parties to a sales transaction that the staff--members are not acting as licensed brokers to the transaction, but as representatives of the APCHA and its interests. They shall nevertheless attempt to help both parties to consummate a fair and equitable sale in accordance with the current Guidelines. 4. All purchasers and sellers are advised to consult legal counsel regarding examination of title and all contracts, agreements and title documents. The retention of such counsel, licensed real estate brokers, or such related services, shall be at purchaser's or seller's own expense. The fees paid to the APCHA are to be paid regardless of any actions or services that the purchaser or seller may undertake or acquire. B. ADVERTISING THE SALE: BID PERIODS. 1. After aunit is listed for sale with the APCHA. the APCHA, at its expense, arranges to advertise the unit for sale in the Wednesday daily papers. When a unit is first listed, there is an initial two-week bid period during which the unit is advertised with two open house dates when the unit may be viewed by interested parties. The initial two-week bid period ends on the Thursday aft~r the second week of advertising. If there are no bids received in the initial bid period, there will 'follow consecutive one-week bid periods, ending on Thursday, until the unit is sold. 2. If more than one bid is received during any bid period, they are prioritized according to the Guidelines. If more than one bid is in top priority, a lottery is held and the winner is notified. If the winner of the lottery does not proceed to contract within five business days of notification, the next in line is notified and so on, until the unit is under contract for purchase. Back-up contracts in the priority order set forth above will be accepted. 3. Prospective purchasers are encouraged to investigate sources of financing prior to submitting a bid for affordable housing and can obtain names of lenders from the APCHA sales department. Sales staff are available to assist interested parties with the purchase procedure and to answer any questions about the process. 7 ;'. ,11.. '\\., *.'It. &i <~ iF.. Ii. \< association at the time of request to the APCHA. A letter must be sent to the Housing Office requesting permission to rent the unit until sold. A minimum six (6) month written lease must be provided to the tenant with a sixty (60) day move out clause upon notification when the unit is sold. All tenants must be qualified by the APCHA and the unit must be leased for the rent and upon the terms set forth in the Deed Restriction on the unit or, if there are no such provisions in the Deed Restriction, upon terms approved by the APCHA. Prior to APCHA's qualification of tenant, said tenant shall acknowledge as part of the lease that said tenant has received, read and understands the homeowners' association covenants, rules and regulations for the unit and shall abide by them. Enforcement of said covenants, rules and regulations shall be the responsibility of the homeowners' association. A copy of the executed lease shall be furnished by the owner or tenant to the APCHA and homeowners' association. 4. Unless otherwise set forth in the Deed Restriction covering the unit, an owner may rent a room to a qualified employee so long as the owner continues to reside in the unit as a primary residence in accordance with the Deed Restriction. The maximum rentai rate for the room shall not exceed the maximum rental rate permitted under the Guidelines in Part III, Section 3, Table IV, herein for said unit pro rated on a per bedroom basis. A letter must be sent to the APCHA, at least 30 days prior to renting the room, requesting permission to rent the room. Notice of such intent to rent a room and the ability to comment shall be provided to any applicable homeowners' association at the time of request to the APCHA. SECTION 5. PRIORITIES FOR PERSONS BIDDING TO PURCHASE AN AFFORDABLE HOUSING UNIT The qualified person submitting the highest bid (not to exceed the maximum bid price) during a bid period shall have the first right to purchase the unit, subject to acceptance by the seller. If the high bid is less than the sales price listed by the seller or contains terms for payment not set forth in the listing agreement, the bid is also subject to acceptance by seller. However, any seller rejecting a bid is subject to the provisions of Section 4, paragraph C1 above. If two or more qualified persons submit the high bid acceptable to the seller, they shall receive preference and be prioritized for selection as the top bidder in the following order: 1. Persons with a present ownership interest Ooint or tenants in common) in the affordable housing unit. 2. Person(s) chosen by the remaining owner(s) to purchase the interest of another owner. 3. Spouses and/or children of current owners. 4. Persons living in and owning another unit within the complex who meet minimum occupancy standards. 5. Persons with four or more consecutive years of employment in Pitkin County (calculated by the APCHA): a. With minimum occupancy and one or more dependents for units with three or more bedrooms. b. With minimum occupancy. 9 .'. ,-'r -. f'ii V ,\ .'\< .dlt.... \;\ \.' " "< '..... M '.-" \' '\;\ SECTION 6. LEAVE OF ABSENCE FOR OWNERS OF AFFORDABLE HOUSING UNITS If an owner of an affordable housing unit must leave Pitkin County for a limited period of time and desires to rent the unit during the absence, a leave of absence may be granted by the APCHA for one year upon clear and convincing evidence which shows a bona fide reason for leaving and a commitment to return to the Aspen/Pitkin area. A letter must be sent to the APCHA, at least 30 days prior to leaving, requesting permission to rent the unit during the leave of absence. Notice of such intent to rent and the ability to comment shall be provided to any applicable homeowners' association at the time of request to the APCHA. The leave of absence shall be for one year and may, at the discretion of the APCHA, be extended for one year, but in no event shall the leave exceed two years. The unit may be rented in accordance with the APCHA's Guidelines during said one or two year period so long as the Deed Restriction covering the unit permits the rental. In the event that the rental rate is not set forth in the Deed Restriction, the rent shall be established at the greater of owner's cost or the rent established in accordance with the Guidelines for units which were constructed in the year in which the subject unit was deed restricted at the appropriate income category. Owner's cost as used herein includes the monthly mortgage principal and interest payment, plus condominium fees, plus utilities remaining in owner's name, plus taxes and insurance prorated on a monthly basis, plus $20.00 per month. Prior to APCHA's qualification of tenant, said tenant shall acknowledge as part of the lease that said tenant has received, read and understands the homeowners' association covenants, rules and regulations for the unit and shall abide by them. Enforcement of said covenants, rules and regulations shall be the responsibility of the homeowners' association. A copy of the executed lease shall be furnished by the owner ortenant to the APCHA and homeowners' association. 11 .' \, " lit, II '\,< .,',It,'- \1 \~ \- SECTION 2. MAXIMUM SALES PRICES FOR NEWLY DEED RESTRICTED AFFORDABLE HOUSING UNITS AND FOR AFFORDABLE LOTS Table III sets forth the maximum sales price for newly deed restricted affordable housing units and affordable lots to the initial purchaser. Maximum sales price on resaie of a unit shall be controlled by the Deed Restriction covering the unit executed by the initial purchaser upon closing of the initial purchase. TABLE III MAXIMUM UNIT SALlES PRICES Unit Tvpe Cateqorv 1 Cateqorv 2 Cateqorv 3 Cateqorv 4 Studio 1 Bedroom 2 Bedroom 3 Bedroom Single-family Detached Single-family Lot $25,500 $32,000 $38,500 $45,000 $55,000 ($60,000) $ 59,000 $ 69,000 $ 79,000 $ 88,500 $102,000 ($ 18,000) $ 96,500 $106,500 $116,500 $126,000 $139,500 $ 1 $163,500 $173,500 $183,500 $193,500 $200,000 $ 25,000 NOTES: 1. Single-family lots shall be developed with homes of three bedrooms or larger and shall be prioritized for lottery as set forth in Part II, Section 5 herein. 2. Category 2 single-family lots wiil require an $18,000 subsidy payment by the developer in addition to the conveyance of the lot. Category 1 single-family lots will require a $60,000 subsidy payment by the developer in addition to the conveyance of the lot. Lot prices include the cost of access and utilities for the Iotas set forth in Part III, Section 6 herein. 3. Sale units will be offered for sale through the APCHA to all qualified persons under the procedures established by the Guidelines. 4. In the event affordable housing units associated with a lodge, agricultural operation, commercial, or residential deveiopment are employer owned (for their long-term possession and on-site employees beyond construction or initiai acquisition and disposition), persons employed directly by the owners shall be given first priority to purchase; however, said persons must meet the APCHA's Guidelines for occupancy, income and assets criteria in order to qualify to occupy the unit(s). In the event there are no persons directly employed .by the owner who qualify or are available, the unit shall then be offered to other qualified persons according to Part II, Section 5, of these Guidelines. 5. All newly deed restricted affordable housing sales units must be in a marketable condition, comply with then current minimum building specifications issued by the APCHA from time to time and comply with the Land Use Code approvals of the respective government agency having jurisdiction. A copy of the APCHA's ~urrent minimum building specifications may be obtained from the APCHA upon request by the developer. Prior to sale the unit must be inspected and approved by a certified building inspector, architect or engineer approved by the APCHA for compliance with the Guidelines. Cost of such inspections shall be the responsibility of the applicant, and the results of such inspection must be approved by the APCHA. 13 .' k .. \C,< I~'...'.- " G. \< .~." I~\ !R.'.... \\,. owner of affordable housing rental units, at its cost and expense, must keep and maintain the interior and exterior of the total structure (including all residential units therein) and the adjacent open areas in a safe and clean condition and in a state of good order and repair, reasonable wear and tear and negligent or intentional damage by tenants excepted. SECTION 4. REQUIREMENTS FOR DORMITORY/LODGE (Seasonal Units) Pursuant to the applicable City or County Land Use Codes, an applic?nt.fgr a development may, under certain conditions and subject to certain requirements, satisfy the affordable housing requirements by provision of dormitory/lodge units designed for occupancy by seasonal employees. Acceptance of such dormitory/lodge units shall be at the sole discretion of the respective governing body at the recommendation of the APCHA. The dormitory/lodge units must satisfy all requirements of the applicable Guidelines and shall be required to meet the following minimum standards: 1. Occupancy of a dormitory unit shall be limited to no more than eight persons. 2. There shall be 150 or greater net livable square feet of living area per person, including sleeping and bathroom. For purposes of this requirement, Net Livable square footage shall not include interior or exterior hallways, parking, patios, decks, cooking, lounge used in common, laundry rooms, mechanical areas, and storage. Rents for dormitory/lodge units and units developed for seasonal occupancy only pursuant to a plan approved by the APCHA shall be calculated on the net livable square footage as described above and computed at the rates set forth in Table V. 3. Notes 3, 4, 5 and 7 under Table IV, Part III, Section 3, apply to Dormitory/Lodge units. 4. At least one bathroom shall be provided for shared use by no more than four persons, containing at least one water closet, one lavatory, one bathtub with a shower, and a total area of at least 60 net livable square feet. 5. A kitchen facility or access to a common kitchen or common eating facility shall be provided subject to the APCHA's approval and determination that the facilities are adequate in size to service the number of persons using the facility. 6. Use of 20 net leasable square feet per person of enclosed storage area located within, or adjacent to, the unit. 7. A manager's or assistant manager's rent shall be calculated based on the income category of the respective manager. TABLE V 1992 MAXIMUM AllOWABLE MONTHLY RENT FOR NEWLY CONSTRUCTED OR DEED RESTRICTED DORMITORY/LODGE UNITS OR UNITS INTENDED FOR SEASONAL OCCUPANCY (INCLUDING UTIUT1ES) Newly Constructed or Covenanted (198g-on) $1.55 per s.f. 15 ~.;. \\\. Ira. - ,.'...' i) ,~\ " 2. If accepted by the City or County, existing units must be upgraded in accordance with the following criteria, unless a variance from these requirements is approved by the applicable governing body upon the recommendation of the APCHA: all units must be freshly painted; all appliances must be purchased within the last five years and be in good condition and working order; new carpet shall be provided (unless carpet has been purchased in last five years and is in good condition and repair); the exterior walls shall be freshly painted within one year of dedication, a general level of upgrade to yards and landscaping shall be provided, and, windqws, heating, plumbing and electrical systems, fixtures and equipment shall be in good condition and working order. The roof must have a remaining useful life of at least ten (10) years. All units shall meet UBC minimum standards, any applicable housing code or, in the absence of an adeqLJate code, such recognized housing code acceptable to the APCHA and shall be approved by the APCHA and verified by a qualified Building Inspector accepted and approved by the APCHA. Applicant shall bear the costs and expenses of any required upgrades to meet the above standards as well as any structurallengineering reports required by the APCHA to assess. the suitability for occupancy and compliance with the APCHA standards of the proposed units. SECTION 8. EXECUTION OF DEED RESTRICTIONS BY APPUCANTS Deed Restrictions must be submitted by the applicant to the APCHA according to the following time schedule: 1. Conditional Use Applications - Prior to issuance of any building permit for a project, the APCHA shall have an approved, executed and recorded Deed Restriction for the required commitment by the applicant. A copy of the recorded Land Use Code Resolution and Deed Restriction shall be sent to the APCHA. 2, Growth ManaQement Plan Applications - Prior to issuance of any building permit for a project, the APCHA shall have an approved, executed and recorded Deed Restriction for the required commitment by the applicant. A copy of the recorded Land Use Code Resolution and Deed Restriction shall be sent to the APCHA. Prior to issuance of any Certificate of Occupancy, the Deed Restriction shall be amended, if necessary, to reflect changes approved by the APCHA which may have occurred during construction or conversion of the unit(s) (i.e., net livable square footage), executed and recorded, with the original returned to the APCHA for their files. 3. Others - Prior to issuance of any building permit for a project, the APCHA shall have an approved, executed and recorded Deed Restriction for the required commitment by the applicant. A copy of the recorded Land Use Code Resoiution and Deed Restriction shall be sent to the APCHA. Prior to issuance of any Certificate of Occupancy, the Deed Restriction shall be amended, if necessary, to reflect changes approved by the APCHA which may have occurred during construction or conversion of the unit(s) (i.e., net livable square footage), executed and recorded, with the original returned to the APCHA for their files. 17 "..'...... (W 0\. \), ''". "It Il' , 1..It.,., .11 \* "'- TABLE VII MAXIMUM ALLOWABLE MONTHLY RENTS PER NET UVABLE SQUARE FOOT LOW INCOME UNIT AND CA1EGORY #1 ALLOWABLE RENT FOR APPUCABLE YEAR >- o z it :::> o o o ...J <( i= ~ lL o a: <( LlJ >- Wll 1982 1983 1984 1985 1986 1987 1988 1989 1990 1991 1992 1981 $0.47 $0.47 $0.50 $0.53 $0.55 $0.55 $0.55 $0.55 $0.58 $0.59 $0.59 $0,60 1982 --- 0.55 0.59 0.62 0.64 0.64 0.64 0.64 0.67 0.69 $0.69 $0.70 1983 --- --- 0.58 0.61 0.63 0.63 0.63 0.63 0.66 0,68 $0.68 $0.69 1984 --- --- --- 0.58 0.60 0.60 0.60 0.60 0.63 0.65 $0.65 $0.66 1985 --- --- --- --- 0.60 0.60 0.60 0.60 0.63 0.65 $0.65 $0.66 1986 --- --- --- --- --- 0.60 0.60 0.60 0.63 0.65 $0.65 $0,66 1987 --- --- --- _n -- --- 0.60 0.60 0.63 0.65 $0.65 $0.66 1988 --- --- --- --- --- --- --- 0.60 0.63 0,65 $0.65 $0,66 1989 --- --- --- --- --- _n --- --- 0.63 0.65 $0.65 $0.66 1990 _n --- --- --- --- --- --- --- --- 0.63 $0.65 $0,66 1991 --- --- --- --- --- --- --- --- --- --- $0.65 $0.66 MODERA1E INCOME UNIT ALLOWABLE RENT FOR APPUCABLE YEAR >- o z it :::> o o o ...J <( i= ~ lL o a: <( LlJ >- 1981 1982 1983 1984 1985 1986 1987 1988 1989 1990 1991 1992 1981 $0.58 $0.58 $0.62 $0.65 $0.67 $0.67 $0.67 $0.67 $0.70 $0.72 $0.72 $0.74 1982 --- 0.65 0.69 0.72 0.74 0.74 0.74 0.74 0.77 0.79 $0,79 $0.83 1983 --- --- 0.78 0.82 0.85 0.85 0.85 0.85 0.89 0.92 $0.92 $0.93 1984 --- --- --- 0.82 0.85 0.85 0.85 0.85 0.89 0.92 $0,92 $0.93 1985 --- --- --- --- 0.85 0.85 0.85 0.85 0.89 0.92 $0:92 $0.93 1986 --- --- --- --- --- 0.85 0.85 0.85 0.89 0.92 $0.91 $0.93 1987 --- --- --- --- --- --- 0.85 0.85 0.89 0.92 $0.92 $0.93 1988 --- --- --- --- --- --- --- 0,85 0.89 0.92 $0.92 $0,93 1989 --- --- --- --- --- --- --- --- 0.89 0.92 $0.92 $0.93 1990 --- --- --- --- --- --- --- --- --- 0.92 $0.92 $0.93 1991 --- --- -- --- --- --- --- -- --- --- $0.92 $0.93 19 II." '\ ~i .'(,~ .,....A....... 1t., It ." Ilk ,j 1% \\", --- PART V_ SHOW CAUSE HEARING PROCEDURES Show cause hearings are conducted to investigate alleged housing violations. The APCHA staff commences such procedures with a letter to the owner/landlord/tenant setting forth the alleged violation and requesting a response, documentation or other information from the owner/landlord/ tenant. If owner/landlord/tenant does not respond within a set period of time as specified In the letter, a "Show Cause Hearing" is set by the APCHA staff and the owner/landlord/ tenant is notified of hearing date, time and place. The purpose of a "Show Cause Hearing" is to provide to owner/landlord/tenant an opportunity to show cause why they should not be cited with respect to the violation(s) or why the APCHA should not prosecute or proceed to litigation. The procedure for the "Show Cause Hearing" is as follows: The hearing is held before the APCHA Board with at least a quorum present. The Chairperson shall state: "Show Cause Hearing. This hearing has been convened at the request of the staff of the APCHA to review alleged violations of (Agreement, Deed Restriction or Guidelines)." "Those allegations have been raised with regard to (person) and the unit located at (address)." 'The purpose 0f this Show Cause Hearing is for the presentation of information to the APCHA in order that we might determine whether there is cause to believe that the allegations as to a violation are true." "This is not a judicial proceeding. This Board does not intend, nor does it have the power to assess a fine, or any other penalty in the event it appears to us that a vioiation has occurred. The only resuit in such case may be a finding by the Board at the conclusion of this hearing that cause exists to believe a violation has occurred and a direction to our staff and legal counsel to institute appropriate legal or other action to remedy that violation: "Since this is not a judicial proceeding, we are not bound strictly by rules of evidence or procedure. Our purpose and intent is to give each party involyed an opportunity to present whatever materials they deem appropriate relating to the alleged violatiOn." "Although not required, any party may employ legal counsel in participating in this hearing." "The general order of procedure will be for a presentation by the staff, followed by a presentation by the owner/landlord/tenant and, if requested, by any other interested party." "Are there any questions?" "Staff may proceed." 21 -......... ~'. -'.'.' %\ -"'< Ila ~. III. SELECTION OF A HEARING OFFICIAL OR PANEL A, The hearing official shall be an Impartial, disinterested person selected jointly by the APCHA, the complainant and the project management repre- sentative. (Neither Housing Board mambers nor the APCHA employees shall be selected.) If the APCHA, the complainant and the project management cannot agree upon a hearing official, they shall each appoint a member of a hearing panel and those individuals will select a forth and fifth panel member. If the appointees cannot decide upon a forth and fifth hearing panel member, such members shall be appointed by an independent arbitration organization such as any other third party agreed upon by the APCHA, the complainant and the project management representative. IV. PROCEDURES TO OBTAIN A HEARING A. Informal Prerequisite 1, All grievances must be informally presented as stipulated above (Section II, A) as prerequisite to a formal hearing. 2. If the complainant does not request a hearing within the time period allowed in Section II, (B), (1.), above, he/she waives his/her right to the hearing, and proposed disposition of the grievance will become final. This shall not, however, constitute a waiver of the complainant's right thereafter to contest disposition of his/her grievance in the appropriate judiciai proceeding. 3. All grievances shall be personally presented either orally or in writing pursuant to the informal procedure in accordance with Section II, (A) to the hearing officer or I tearing panel, the provisions of this subsection may be waived by the hearing officer or hearing panel. B. Scheduling 1. Upon complainant's compliance with the above, a hearing shall be scheduled by the hearing official (panel) promptly for a time and place reasonably convenient to both the complainant, the project manager and the APCHA V. PROCEDURES GOVERNING THE HEARING A The hearing shall be held before a hearing official or panel selected as provided in Section III of this Part VI. B. The complainant shall be afforded a fair hearing providing the basic safeguard of due process which shall include: 1. The opportunity to examine and, before the hearing at the expense of the complainant, to copy all documents, records and regulations of the APCHA that are relevant to the hearing. Any document not made available after written request by the complainant may not be relied upon by the APCHA at the hearing. 2. The right to be represented by counsei person chosen as his/her representative. 3. The right to present evidence and arguments in support of his or her complaint, to controvert evidence relied on by the APCHA or project management, and to confront and cross.,.examine all witnesses on whose testimony or Information the APCHA or prOject management relies; and 4, A decision based solely and exclusively upon the facts presented at the hearing. C. If the hearing panel (official) determines that the issue has been previously decided in anOther proceeding, they may render a decision based upon the prior decision without proceeding V!.lth the hearing. Complainant shall have the opportunity to present evidence and be heard as to the inapplicability of the prior decision to the present grievance. If the hearing panel (official) determines that the prior decision is not applicable to the present dispute, the parties. shall proceed with the hearing. D. Failure to Appear: If the complainant, project management representative or the APCHA fail to appear at the scheduled hearing, the hearing panel (Official) may make a determination to postpone the hearing for not to exceed five working days, Q[ make a determination that the party who did not appear has waived his/her right to a hearing. Such a determination in no way waives the complainant's right to appropriate judiciai proceedings. E. The hearing shall be conducted by the hearing official (panel) as follows: 1. informal- Oral or documentary evidence pertinent to the facts and issues raised by the complaint may be received without regard to admissability under the rules of evidence applicable to judicial proceedings; 2. Orderiy. The Official (panel) shall require that the APCHA, complainant, the project management representative, counsel and other participants and spectators conduct themselves in an orderly fashion. Failure to comply with the directions of the hearing Official (panel) to obtain order may result in exclusion from the proceedings or a decision adverse to the interests of the disorderly party and denial of the relief sought, as appropriate. 23 ,0.~ ' ~:i_ e" .<.-.. '\c,:;"" illt.. \\ " '\0.,,_ Accessorv Dwellinq Unn (Ordinance #1) See Aspen Land Use Code Section 5-510. Affordable Housinq - Dwelling units restricted to the housing size and type for Individuals meeting asset, income and minimum occupancy guidelines approved by the Aspen City Council, Board of County Commissioners and/or the APCHA, whichever shall apply. Affordable Housinq Zone Distlict - See Aspen Land Use Code Section 5-206.2. APCHA - Aspen/Pitkin County Housing Authority. Assets - Anything owned by an individuai which has commercial or exchange vaiue. Assets consist of specific property or claims against others, in contrast to obligations due others. See aiso definition for Gross Assets and Net Assets. Basement . As defined by the applicable City or County Land Use Code. Bedroom - Designed to be used for sleeping purposes which may contain closets, may have access to a bathroom and which meets applicable City or County Uniform Building Code requirements for light, ventilation, sanitation and egress. Capnallmprovements - Unless otherwise defined in the Deed Restriction covering the affordable housing unit, any fixture erected as a permanent improvement to real property excluding repair, replacement, and maintenance costs. Caretaker Dwellinq Unns - See County Land Use Code. Cosiqner - A joint signatory of a promissory note who shail not occupy the unit unless qualified by the APCHA. Deed Restriction - A contract entered into between the APCHA and the owner or purchaser of reai property identifying the conditions of occupancy and resale. PART VII. DEFINITIONS Dependent - A child or other relative of the renter or owner of an affordable housing unit, which child or relative is taken and listed as a dependent for federal income tax purposes by such renter or owner or his or her present or former spouse. Disabled Person - A person who meets the definition of "individual with handicaps" contained In 29 U.S.C. Section 706(8), as amended, the federal Rehabilitation Act of 1973; or a person who has a "handicap," as defined in C.R.S. 24-34.301 (4), the Colorado Antidiscrimination Act. Dormnorv - A structure or portion thereof under single management that provides group sleeping accommodations for occupants in one (1) or more rooms for compensation. Standards for use, occupancy, and design of such facilities shail be approved by the APCHA. See Part III, Section 4, of these Guidelines. Emerqencv Worker - An employee or volunteer of a community based organization that provides immediate response health and safety services, including, but not limited to the following: Fire Department WOrkers, Mountain Rescue, Sheriff's Deputies, Police Officers, Hospital Emergency Room Technicians, Social Service Workers (mental health and abuse case workers), Ambulance Drivers and Emergency Medical Technicians. Emplovee - A person who is employed on the basis of a minimum of 30 hours per week, 9 months per year, in Pitkin County (also see definition for Seasonal Employee). Emplover - A business whose business address is located within Aspen or Pitkin County, whose business employs employees (as defined herein) within Pitkin County, and whose business taxes are paid in Aspen or Pitkin County. Emplovee Dwellinq Unit - See Pitkin County Land Use Code. 25 .' '~ I '<,,<.. liar.... \' \, '''. /1.,) ,\\ \\" Qualified Person - Person(s) meeting the income and asset limitations who meet the profile requirements (part of which requirements include being a qualified employee, a senior, a disabled person, or dependent(s) of any of these as such terms are defined herein) established by the APCHA from time to time and in effect at any time. Resale Aqreemenl - A contract entered into between the APCHA and the owner or purchaser of real property identifying the conditions of occupancy and resale (also commonly referred to as a Deed Restriction). Seasonal Emplovee - A person working not less than 30 hours per week during the Winter Season (generally November through April) and/or Summer Season (generally June through August). Senior - A person the age of 62 years or more. Special Review Committee - A Special Review Committee, as established from time to time by the APCHA, Is composed of three or more persons representing the APCHA, City staff, County staff, or their respective elected officials. The Committee shall have the authority to review special circumstances with respect to matters specifically designated in the Guidelines that are eligible for special review. Storaqe Space - Space intended and commonly utilized as location for preselVation or later use or disposal of items. Tenancy-In-Common - Ownership of property between two or more persons who have an undivided interest in the whole property; no right of sUlVivorship, when omi of the owners dies, the interest passes to his or her heirs or beneficiaries and not to the sUlViving tenants in common. Zl APPENDIX A LISTING OF PRINCIPAL SALES PROJECTS AND INCOME CATEGORIES (as of January 1992) '~..'."...'."..'.'.." I,. Vi Income Percentile MAXIMUM INCOMES BY CATEGORY Cateqorv 1 Cateqorv 2 Cateqorv 3 Cateqorv 4 25% 50% 75% >75% $22,000 $35,000 $50,000 $ 85,000 $27,000 $40,000 $55,000 $ 90,000 $32,000 $45,000 $60,000 $ 95,000 $37,000 $50,000 $65,000 $100,000 $42,000 $55,000 $70,000 $100,000 Maximum Household Income o Dependent 1 Dependent 2 Dependents 3 or More Dependents Single-family Home NOTES: 1. A household in an income category wishing to purchase or rent a unit restricted under a higher category may qualify for a unit restricted under a higher category. 2. In addition to the Income categories set forth above, affordable housing units may be designated "Resident Occupied Units" and have different income and occupancy qualifications as set forth in the Guidelines. CHART OF PRINCIPAL SALE PROJECTS AND REQUIREMENTS NUMBER OF UNrrs MAXIMUM REQUIRED PROJECT NAME AND TYPE OF UNrrs INCOME CATEGORY RESIDENCY AABC PARK PLACE 24 Units No Income Guidelines Per Covenants AABC ROW HOUSES 12 Units No Income Guidelines Per Covenants HIGHLAND VILLAS 16 Units Category 4 Per Guidelines CENTENNIAL 92 Units Category 4 Per Guidelines EAST OWL CREEK 4 Units Category 3 and 4 Per Guidelines FAIRWAY THREE 30 Units Category 4 Per Guidelines HUNTER CREEK 77 Units Category 4 Per Guidelines LONE PINE 28 Units Category 4 Per Guidelines MIDLAND PARK 37 Units Category 3 Per Guidelines SMUGGLER MOBILE HOME PARK 87 Units (Modular) No Income Requirements Per Covenants SMUGGLER RUN MOBILE HOME PARK 17 Single-Family (Modular) Category 4 Per Covenants SOPRIS CREEK 6 Units Lots 1, 2, 5, 7 & g: Category 3 CABINS Lot 8: Category 1 Per Guidelines TWIN RIDGE 12 Townhomes ~ ~:~:M' WOOD' 13 Single-Family (w/ Garage) Category 4 Per Guidelines 18 Units Category 2 and 3 Per Guidelines I 473 Units I I I 1........., ''(~'' . "e........ ~\ '\;- ~. jf "\" APPENDIX c. USTlNG OF PRINCIPAL RENTAL PROJECTS AND PROPERTY MANAGERS (as of January 1992) AABC Apartments Lynn Hancock 303 Aspen Airport Business Center Aspen, CO 81611 (303) 925-2102 Castle Ridge Apartments Joe Hentze, Resident Manager Apt. D-3 1175 Doolittle Circle Aspen, CO 81611 (303) 925-6851 Centennial Apartments Kim Miller, Property Manager 100 Luke Short Court Aspen, CO 81611 (303) 925-1876 Hunter Longhouse Apartments Julie Estes, Property Manager 101 Lone Pine Road, #20 Aspen, CO 81611 (303) 925-94 7 4 Marolt Ranch (Seasonal Housing) Ken Mayle, Property Manager Aspen/Pitkin County Housing Authority 39551 Highway 82 Aspen, CO 81611 (303) 920-5050 Smuggler Mountain Apartments Sue Dady, Property Manager Aspen/Pitkin County Housing Authority 39551 Highway 82 Aspen, CO 81611 (303) 920-5050 Truscott Place Apartments Sue Dady, Property Manager Aspen/Pitkin County Housing Authority 39551 Highway 82 Aspen, CO 81611 (303) 920-5050 W/J Ranch Apartments Bill & Karen Slater, Property Managers McLain Flats Road Aspen, CO 81611 (303) 925-7211 40 Apartments 80 Apartments 148 Apartments 33 Apartments 94 Seasonal Units 11 Apartments 46 Apartments - New 48 Units - Old 27 Apartments